What is the maximum you can get for attempted armed robbery? 46 Answers as of August 20, 2012

Broken bb gun, not a real gun.

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Law office of Robert D. Scott | Robert Scott
Up to 5 years, or more. Whether the gun was real or not is irrelevant.
Answer Applies to: Maryland
Replied: 8/20/2012
Law Office of Christopher G Humphrey PC | Christopher G Humphrey
5-25 years
Answer Applies to: Wyoming
Replied: 8/13/2012
Toivonen Law Office | John Toivonen
Armed robbery with a dangerous weapon can result in life imprisonment. Even if the gun is bb gun or toy, of the person makes it seem like he has a gun it considered armed robbery with a dangerous weapons.
Answer Applies to: Michigan
Replied: 8/13/2012
Austin Hirschhorn, P.C.
Austin Hirschhorn, P.C. | Austin Hirschhorn
The maximum penalty for armed robbery is a term of years to life. The penalty for the lesser offense of attempted armed robbery will depend on the plea agreement you are able to negotiate with the prosecutor that is acceptable to the judge to whom the case is assigned for disposition. It is permissible for the judge to be involved in the agreement under the Cobbs decision.
Answer Applies to: Michigan
Replied: 8/13/2012
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
It is only attempted Rob 1 if no property was taken. The maximum would be 15 years in jail. If property was taken then it could be 25 years in jail even if it wasn't a real gun
Answer Applies to: New York
Replied: 8/13/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Life. The law makes no distinction between robbery and attempted robbery.
    Answer Applies to: Alabama
    Replied: 8/13/2012
    Reeves Aiken & Hightower | Arthur K. Aiken
    In South Carolina, the general rule is that an attempt to commit an offense has the same penalty as the completed offense. In other words, attempted armed robbery has the same penalty as armed robbery. Armed robbery carries 10 years to 30 years.
    Answer Applies to: South Carolina
    Replied: 8/13/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    Doesn't matter if you had: real gun, broken BB gun or even toy gun . . . the victim(s) don't know if it's real or not. You get the SAME PENATLTIES for all.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    It depends on all of the facts of what happened. Was the victim hit over the head with the broken bb gun? Then it can be argued to be a deadly weapon (serious class X felony). Seek qualified attorney representation.
    Answer Applies to: Illinois
    Replied: 8/13/2012
    Herschel Bullen
    Herschel Bullen | Herschel Bullen
    If a "facsimile" of a gun was used, it's not robbery. It's aggravated robbery which is a first degree felony. The statutes say the following: (1) A person commits aggravated robbery if in the course of committing robbery, he: (a) uses or threatens to use a *dangerous weapon as defined *in Section 76-1-601; Utah Code Ann. ? 76-6-302 (5) ?Dangerous weapon? means:(a) any item capable of causing death or serious bodily injury; or(b) a facsimile or representation of the item, if:(i) the actor's use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or(ii) the actor represents to the victim verbally or in any other manner that he is in control of such an item. Utah Code Ann. ? 76-1-601 An attempt lowers the level of this offense by one degree, making it a second degree felony, which bears a sentence of a maximum 15 years in prison. However, there is an an enhancement for use of a "dangerous weapon." The statute states, (2) If the trier of fact finds beyond a reasonable doubt that a dangerous weapon was used in the commission or furtherance of a felony, the court:(a)(i) shall increase by one year the minimum term of the sentence applicable by law; and(ii) if the minimum term applicable by law is zero, shall set the minimum term as one year; and(b) may increase by five years the maximum sentence applicable by law in the case of a felony of the second or third degree. Utah Code Ann. ? 76-3-203.8 So an attempted aggravated robbery bears a maximum possible penalty of 20 years.
    Answer Applies to: Utah
    Replied: 8/13/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    I have more curiosity about this alleged crime,that cannot allow me to respond appropriately. You should consult with an experienced trial lawyer who has extensive experience in criminal defense.
    Answer Applies to: Illinois
    Replied: 8/13/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    It depends upon how you are charged, the statute you are charged with violating, and what it says. This could be a life felony and could be an imprisonment for up to 30 years.
    Answer Applies to: Florida
    Replied: 8/13/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    I would argue for a suspended sentence but you may receive some jail time.
    Answer Applies to: Rhode Island
    Replied: 8/13/2012
    T.K. Byrne | Timothy K. Byrne
    20 years in most cases.
    Answer Applies to: Mississippi
    Replied: 8/13/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Armed robbery is a B or C violent felony offense. You do not have to use a real gun, it can just be "what appears to be a pistol, rifle, etc." and that carries a sentence that is a "definite sentence" . An attempt to commit a crime is one category lower, which is a C felony, here a C violent felony. The B violent felony of Robbery in the First Degree is 5-25 years in prison. The term is definite because it is one number, such as 5 years and you serve 6/7 of the term. An indeterminate sentence would have a range of years, such as 1-3 years, where you are eligible for parole after one year. After a definite sentence of 5 years or more you would have a period of supervised release such as 5 years or 3 years that is like parole. An attempt to commit a crime is usually one level lower than the actual crime. If it was a C violent felony, then an attempt would be a D violent felony. If you have a prior felony the term is more, and if you have a prior violent felony the maximum is increased to 25 years. You can Google a New York State sentencing chart to see the possible sentences once you know what the person is charged with, but you have to know what their prior record is in order to determine what the possible sentences are.
    Answer Applies to: New York
    Replied: 8/13/2012
    Jennifer L. Gottschalk, Esq. | Jennifer Gottschalk
    Under New Jersey law, 10 years
    Answer Applies to: New Jersey
    Replied: 8/13/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    It does not matter the state of the gun. The maximum is 20 years in prison for attempted armed robbery. If it changes to armed robbery, then it becomes mandatory minimum 10 years in prison.
    Answer Applies to: Georgia
    Replied: 8/13/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    3 years in state prison plus an enhancement for whatever the "armed" weapon was.
    Answer Applies to: California
    Replied: 8/13/2012
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    This is more complex than that. It would depend on which jurisdiction and whether you have any priors. My best advice is to hire counsel and not discuss the case with any police or prosecutor beforehand. Remember every prior statement even those discussed with other people can be used against you.
    Answer Applies to: Alabama
    Replied: 8/13/2012
    The Gardner Law Firm, PLC | Brandon Gardner
    5 years imprisonment, assuming there is no habitual notice.
    Answer Applies to: Michigan
    Replied: 8/13/2012
    VALENTE SCHARG & ASSOCIATES | DEAN VALENTE
    Doesn't matter if real or non-working loaded or unloaded gun, or toy or your hand shaped like a gun in a coat pocket - if the victim reasonably believed it was a gun you can be charged with AR
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Pietryga Law Office | Russ Pietryga
    *Aggravated Robbery* (Utah Code 76-6-302) *Degree-*Aggravated robbery is a 1st degree felony. *Elements-*A defendant commits a 1st degree felony aggravated robbery if in the course of committing a robbery, they: use or threaten to use a *dangerous weapon[1] *; cause serious bodily injury to another; or take or attempt to take an operable motor vehicle. *Fine-*1st degree felony: A fine not to exceed $10,000[2] , plus a 90% surcharge.[3] *Restitution-*The court may order a defendant convicted of this crime to pay restitution.[4] *Imprisonment-*1st degree felony: A term of imprisonment not less than 5 years and which may be for life.[5] *DNA Specimen Analysis-*A defendant convicted of a 1st degree felony aggravated robbery must provide a DNA specimen.[6] * * *Firearms-*A defendant convicted of a 1st degree felony aggravated robbery may not posses, use or have control of a firearm or ammunition for life.[7]
    Answer Applies to: Utah
    Replied: 8/13/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    1-15 years. Depends upon the facts of your case, who the victim was, what your criminal history is. My advice: get an attorney who can review the facts of your case and advise you accordingly.
    Answer Applies to: Washington
    Replied: 8/13/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The answer to your question depends upon the specific severity level of the charge combined with the specific criminal history of the defendant.
    Answer Applies to: Kansas
    Replied: 8/13/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    There is not enough information to answer your question. If you don't already have one, you should absolutely be seeking a lawyer to represent you. If you can't afford one, the court will appoint one for you. Once you have an attorney, he or she should be able to answer that question with your facts, criminal history (CORI) and other details specific to your charges. Good luck. DO NOT EVEN THINK ABOUT HANDLING THIS WITHOUT A LAWYER!
    Answer Applies to: Massachusetts
    Replied: 8/13/2012
    William L. Welch, III Attorney | William L. Welch, III
    20 years.
    Answer Applies to: Maryland
    Replied: 8/13/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Between 2 - 9 years in prison, depending upon the charges filed and circumstances, plus any enhancements for priors or strikes, plus any probation or parole violations. The phony gun does not reduce sentencing. Anything brandished as a gun, even a finger in a pocket, counts as a gun. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 8/13/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    Depends on what degree you are charged.
    Answer Applies to: New Jersey
    Replied: 8/13/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    It is a felony that carriers 10 years per count and a $5000 fine.
    Answer Applies to: Virginia
    Replied: 8/13/2012
    Salladay Law Office | Lance Salladay
    Doesn't matter that the gun was broken or that it was a bb gun- the maximum is life- minimum is 5 years
    Answer Applies to: Idaho
    Replied: 8/13/2012
    Law Office of Gregory Crain | Gregory Crain
    30 years but its not attempt simply because no real gun was used.
    Answer Applies to: Arkansas
    Replied: 8/13/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    life
    Answer Applies to: Michigan
    Replied: 8/13/2012
    Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
    The bb gun versus real gun is insignificant...if complainant thought it was a real gun...it was a real gun....six to thirty years in Illinois.
    Answer Applies to: Illinois
    Replied: 8/13/2012
    Abom & Kutulakis, L.L.P,.
    Abom & Kutulakis, L.L.P,. | Jason P. Kutulakis
    Committing a robbery with a gun carries a mandatory minimum sentence of 5 years! This means that if convicted and the prosecutor elects to have the minimum imposed, the judge has no option to a lesser sentence. You should consult with and retain an attorney to represent you!
    Answer Applies to: Pennsylvania
    Replied: 8/13/2012
    THE LOCKHART LAW FIRM | CLAYTON LOCKHART
    A conviction for an "attempt" usually carries the same penalties as a conviction for the completed crime. In Mississippi the maximum penalty for an "armed robbery" is life in prison, thus, a conviction for an "attempted armed robbery" would also have a maximum sentence of life.
    Answer Applies to: Mississippi
    Replied: 8/13/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    That depends on a multitude of factors. The maximum for a 3rd degree felony is 5 years, the maximum for a 2nd degree felony is 15 years, and a Class A misdemeanor is 1 year. Unless there are aggravating factors in the case or you have a lengthy criminal history, it is unlikely you will get the maximum.
    Answer Applies to: Utah
    Replied: 8/13/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Did they know it was a broken bb gun? You need a great attorney because you have a good case. Max is 99 years!
    Answer Applies to: Texas
    Replied: 8/13/2012
    Michael S. Edwards, Attorney at Law, PLLC | Mike Edwards
    If it is a second degree felony you are convicted of, the maximum punishment is an indeterminate term of 1-15 years in the Utah State Prison.
    Answer Applies to: Utah
    Replied: 8/13/2012
    Steven Alpers | Steven Alpers
    If you have no prior history then 3 years in prison under California law. If it was a real gun or they charge it as a real gun it could go up to 13 years.
    Answer Applies to: California
    Replied: 8/13/2012
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